From 88388e6d24e6087100ea34e800487146581db251 2014-03-20 09:38:49 From: Bradley M. Kuhn Date: 2014-03-20 09:38:49 Subject: [PATCH] Merge together text that explains propagation. --- diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 8623f30f83a982998ab07622832518aa56f88961..68f1b1e34b588d0180f242da61d7b3cf0608bcea 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2319,45 +2319,34 @@ definition. GPLv3 offers a single term ``covered work'', which enables some of the wording in GPLv3 to be simpler and clearer than its GPLv2 counterparts. - -% FIXME: does propagate definition still work the same way in final draft? +\section{Propagate} The term ``propagate'' serves two purposes. First, ``propagate'' provides a simple and convenient means for distinguishing between the kinds of uses of a -work that the GPL imposes conditions on and the kinds of uses that the GPL -does not (for the most part) impose conditions on. - -Second, ``propagate'' furthers our goal of making the license as global as -possible in its wording and effect. When a work is licensed under the GPL, -the copyright law of some particular country will govern certain legal issues -arising under the license. A term like ``distribute'' or its equivalent in -languages other than English, is used in several national copyright statutes. - -Practical experience with GPLv2 revealed the awkwardness of using the -term ``distribution'' in a license intended for global use. -The scope of ``distribution'' in the copyright context can differ from -country to country. The GPL does not seek to necessarily use the specific -meaning of ``distribution'' that exists under United States copyright law or -any other country's copyright law. - -%FIXME: rewrite, FSF third person,e tc. - -Even within a single country and language, the term distribution may be -ambiguous; as a legal term of art, distribution varies significantly in -meaning among those countries that recognize it. For example, we have been -told that in at least one country distribution may not include network -transfers of software but may include interdepartmental transfers of physical -copies within an organization. In many countries the term ``making available -to the public'' or ``communicating to the public'' is the closest counterpart -to the generalized notion of distribution that exists under USA law. - -% FIXME: Connect up with: Indeed or something like that. - -The -copyright laws of many countries other than the United States, as well -as certain international copyright treaties, recognize ``making -available to the public'' or ``communication to the public'' as one of -the exclusive rights of copyright holders. +work that GPL imposes conditions on and the kinds of uses that GPL does not +(for the most part) impose conditions on. + +Second, ``propagate'' helps globalize GPL in its wording and effect. When a +work is GPL'd, the copyright law of some particular country will govern +certain legal issues arising under the license. A term like ``distribute'' +(or its equivalent in languages other than English) is used in several +national copyright statutes. Yet, practical experience with GPLv2 revealed +the awkwardness of using the term ``distribution'' in a license intended for +global use: the scope of ``distribution'' in the copyright context can differ +from country to country. The GPL never necessarily intended the specific +meaning of ``distribution'' that exists under USA (or any other country's) +copyright law. + +Indeed, even within a single country and language, the term distribution may +be ambiguous; as a legal term of art, distribution varies significantly in +meaning among those countries that recognize it. For example, comments +during GPLv3's drafting process indicated that in at least one country, +distribution may not include network transfers of software but may include +interdepartmental transfers of physical copies within an organization. +Meanwhile, the copyright laws of many countries, as well as certain +international copyright treaties, recognize ``making available to the +public'' or ``communication to the public'' as one of the exclusive rights of +copyright holders. Therefore, the GPL defines the term ``propagate'' by reference to activities that require permission under ``applicable copyright law'', but excludes @@ -2366,12 +2355,10 @@ also gives examples of activities that may be included within ``propagation'' but it also makes clear that, under the copyright laws of a given country, ``propagation'' may include other activities as well. -% FIXME: probably merge this in - -Propagation is defined by behavior, and not by categories drawn from some -particular national copyright statute. We believe that such factually-based -terminology has the added advantage of being easily understood and applied by -individual developers and users. +Thus, propagation is defined by behavior, and not by categories drawn from +some particular national copyright statute. This helps not only with +internationalization, but also factually-based terminology aids in +developers' and users' understanding of GPL\@. % FIXME: transition here to convey definition, maybe with \subsection {}, % also maybe with: Similar is true with the term ``convey''. @@ -2389,18 +2376,6 @@ licensees and other parties, for determination under local law. % FIXME: paragraph number change , and more on Convey once definition comes. -The third paragraph of section 2 represents another effort to compensate for -variation in national copyright law. We distinguish between propagation that -enables parties other than the licensee to make or receive copies, and other -forms of propagation. As noted above, the meaning of ``distribution'' under -copyright law varies from country to country, including with respect to -whether making copies available to other parties (such as related public or -corporate entities) is ``distribution.'' ``Propagation,'' however, is a term -not tied to any statutory language. Propagation that does not enable other -parties to make or receive copies --- for example, making private copies or -privately viewing the program --- is permitted unconditionally. Propagation -that does enable other parties to make or receive copies is permitted as -``distribution,'' subject to the conditions set forth in sections 4--6. % FIXME: Appropriate Legal Notices